Personal Jurisdiction Flashcards
Personal Jurisdiction (Prompt)
In personam jurisdiction (IPJ) refers to the court’s ability to exercise power over a particular D. Traditionally, IPJ is based on where the party is domiciled, presence in the state when served, and consent. Here,
Long Arm Statute
If no traditional basis for IPJ exists, the P must look to see if the state has a long are statute that would allow IPJ over the D. A long arm statute gives the court personal jurisdiction over an out of state D. Here,
Constitutional Limitations
Even if a state arguably grants the state court IPJ over the D, such exercise must still be constitutional. To be constitutional there must be sufficient contacts with the forum state **so as not to offend traditional notions of fair play and justice. Three elements must be established: minimum contact, relatedness to the claim (specific vs. general) and fairness.
Minimum Contacts
Minimum contacts requires a showing of purposeful availment and foreseeability.
Purposeful Availment
The courts must find D purposefully availed herself to the privilege of conducting activities in the forum state, thus invoking the the benefits and protections of its laws. Here,
Foreseeability
The D also must know or have reasonably anticipate being haled into court regarding her activities in that state. Here,
Relatedness of the Claim to the Contacts
P’s claim must arise from D’s contacts with the forum state. This requires a showing of either specific or general jurisdiction.
Specific Jurisdiction - Claim related to D’s contacts
Specific jurisdiction will be asserted if the claim is related to the D’s contacts with the forum. Here,
General Jurisdiction - Essentially “at home”
Where there is no specific jurisdiction, the court will look to see if the D had “systematic and continuous” activity in the forum state, such that D is essentially “at home” in that forum. Here,
Fair Play - Fairness
The court, in determining whether the exercise IPJ over D is fair, will weigh the inconvenience to D against the states interest.
Inconvenience to D
A forum is constitutionally acceptable unless it so gravely difficult or inconvenient that D is severely disadvantaged. Here,
State’s Interest
The forum state may have a legitimate interest in providing redress for it’s residents. Here,
In Rem Jurisdiction
IRJ exists when the court has the power to adjudicate the rights of ALL persons in the world with respect to an item of property in that forum. Here,
Quasi In Rem Jurisdiction
QIRJ exist when the court has the power to adjudicate the rights of particular individuals with respect to specific property within the court’s control. Here,
Conclusion
In conclusion, the factors discussed above more strongly support a finding of IPJ exists over D, therefore the courts ruling to deny D’s motion to dismiss for lack of IPJ was proper.
